P. v. Rangel
On March 30, 2005, a jury convicted defendant of one count of continuous sexual abuse of a child under the age of 14 (Pen. Code, 288.5, subd. (a)) and one count of sexual penetration while the victim is unconscious of the nature of the act (Pen. Code, 289, subd. (d)).[1] The same day, defendant admitted he had served a prior prison term ( 667.5, subd. (b)) and that he had been convicted of one prior serious felony ( 667, subd. (a)) and two violent or serious felonies that qualified as strikes under the Three Strikes law ( 667, subds. (b) (i) & 1170.12). On April 19, 2005, the trial court denied defendants request to strike one of the strike priors and sentenced defendant to 61 years to life in prison with an additional consecutive seven year sentence. On appeal, defendant contends: (1) his counsel provided ineffective assistance by advising him to admit the prior serious felony and prior strike convictions; and (2) the trial court abused its discretion in denying his request to strike one of the strike convictions. Court affirm the judgment.
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